Hemby v. Kijakazi

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION

WILLIAM ANTHONY HEMBY, 5:23-CV-05029-DW

Plaintiff,

vs. ORDER GRANTING MOTION FOR ATTORNEY FEES MARTIN O’MALLEY, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,

Defendant.

Plaintiff William Anthony Hemby filed a motion for attorney’s fees pursuant to 28 U.S.C. § 2412, the Equal Access to Justice Act (“EAJA”). (Doc. 15). The Defendant does not oppose the request. Accordingly, it is ORDERED that Plaintiff’s motion (Doc. 15) is granted. It is further ORDERED that Plaintiff is entitled to costs in the sum of $402.00 which is the court filing fees to be paid from the Judgment Fund pursuant to 28 U.S.C. § 1920. It is further ORDERED that Plaintiff is entitled to attorney’s fees in the sum of $5,552.62 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. It is further ORDERED that under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by the court belong to the Plaintiff and are subject to offset under the Treasury Offset Program, 31 U.S.C. § 3716(c)(3)(B) (2006). It is further ORDERED that the EAJA fees shall be paid to Plaintiff William Anthony Hemby, but delivered to Plaintiffs attorney, Mario A. Pacella, 6923 N. Trenholm Rd., Suite 200, Columbia, South Carolina 29206. DATED this 18th day of December, 2024. “Z COURT:

DANETA WOLLMANN United States Magistrate Judge